Current report no. 17/2024

Current report no. 17/2024 - 7 March 2024 / 13:54

DESIGN AND EXECUTION OF CONSTRUCTION WORKS UNDER THE PROJECT ENTITLED “WORKS ON ‎RAILWAY LINE 148 ON THE PSZCZYNA - ŻORY SECTION” - signature of a contract

The Management Board of Budimex S.A. announces that on 07.03.2024 a contract was concluded ‎between Budimex S.A. and PKP Polskie Linie Kolejowe S.A. in Warsaw for the design and execution ‎of construction works under the project entitled “Works on railway line 148 on the Pszczyna – Żory ‎section”.‎

The information that our bid had been ranked the highest in the tender procedure and selected as ‎the most advantageous one was published on 10.08.2023 in current report No 50/2023 and on ‎‎26.09.2023 in current report No 56/2023.‎

Contract value: PLN 258,470,208.30 net
including:‎
‎– net value of works: PLN 195,687,093.10‎
‎¬– contingent remuneration: PLN 61,848,315.20‎
‎– costs of emergency transport service: PLN 934,800.0‎

Contract commencement date: from the date of signing the contract

Works completion date:‎
‎1) completion of all works (subject to the item below), as confirmed by the Ordering Party’s Final ‎Completion Inspection, including the handover of complete as-built documentation and a set of ‎documents relating to the certification process to the Ordering Party – 31 months from the date of ‎conclusion of the contract,‎
‎2) providing the Ordering Party with authorisations for the placing in service of structural ‎subsystems, in accordance with the Railway Transport Act – no longer than within 8 months after ‎the date of the Final Completion Inspection performed by the Ordering Party.‎

Guarantee period: 72 months

Statutory warranty period: 72 months

Advance payment: none

Payment terms: 30 days from the Ordering Party’s receipt of a properly issued invoice

Bank performance bond: 5% of gross bid value

Relevant terms and conditions of the contract which are characteristic of this contract, in particular ‎those which differ from the terms and conditions commonly used for the type of contracts:‎
The project is planned to be financed from the National Recovery and Resilience Plan funds.‎

Maximum amount of contractual penalty paid by the Contractor: Liability borne on general terms, ‎limit of contractual penalties: 20% of the net remuneration, or 30% of the net remuneration in the ‎event that the Ordering Party charges a penalty for withdrawal.‎

Irrespective of the contractual penalties, the Contractor will be charged with the costs resulting ‎from train delays on the basis of records kept by a dispatcher of PKP Polskie Linie Kolejowe S.A. ‎Railway Traffic Management Centre in the Operational Work Record System (SEPE).‎

The imposition of a contractual penalty does not preclude the Ordering Party’s right to seek ‎compensation in excess of a stipulated contractual penalty in accordance with general terms, ‎including compensation resulting from the loss of EU funding, if the funding was lost for reasons ‎attributable to the Contractor.‎

Other terms and conditions of the contract do not differ from the market standards.‎

The value of the Contract exceeds the threshold of PLN 172,381 thousand net.‎